Allstate Insurance Company v. Chastain, 41599

Decision Date14 June 1972
Docket NumberNo. 41599,41599
Citation263 So.2d 578
PartiesALLSTATE INSURANCE COMPANY, Petitioner, v. Josephine CHASTAIN, Individually and as the Administratrix of the Estate of William Wilbur Chastain, Respondent.
CourtFlorida Supreme Court

Writ of Certiorari to the District Court of Appeal, Third District.

Leonard F. Burr, of Weissenborn, Burr & Hyman, Miami, for petitioner.

Judith A. Brechner, Gainesville, Sidney L. Syna, of Fink & Syna, Miami, for respondent.

PER CURIAM.

By petition for writ of certiorari we have for review a decision of the District Court of Appeal, Third District. Allstate Insurance Company v. Chastain, Fla.App.1971, 251 So.2d 354.

Our initial consideration of the matter suggested a possible conflict on the same point of law between that decision and the decision of the District Court of Appeal, First District, in Gordon v. Phoenix Insurance Company, Fla.App.1970, 242 So.2d 485, giving us jurisdiction to review the cause under Article V, Section 4(2) of the Florida Constitution. For that reason we granted the petition and heard oral argument. Following argument and upon careful consideration of the briefs and record, however, we conclude no jurisdictional conflict is present. Therefore, the writ is hereby discharged.

It is so ordered.

ROBERTS, C.J., and ERVIN, CARLTON, BOYD and DEKLE, JJ., concur.

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8 cases
  • Rouse v. Greyhound Rent-A-Car, Inc.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • January 13, 1975
    ...Martinez v. Hart, 270 So.2d 438 (Fla.App.1972); Allstate Ins. Co. v. Chastain, 251 So.2d 354 (Fla.App.1972), cert. denied, 263 So.2d 578 (Fla.1972); Hertz Corp. v. Hellens, 140 So.2d 73 (Fla.App.1962). 'When control of such a vehicle is voluntarily relinquished to another, only a breach of ......
  • Travieso v. Travieso
    • United States
    • Florida Supreme Court
    • August 22, 1985
    ...It also cited to its earlier decisions of Allstate Insurance Co. v. Chastain, 251 So.2d 354 (Fla. 3d DCA 1971), writ discharged, 263 So.2d 578 (Fla.1972), and Plever v. Bray, 266 So.2d 54 (Fla. 3d DCA 1972), wherein it had relied upon The Fourth District in Tallardy properly determined that......
  • U.S. Fidelity and Guaranty Co. v. State Farm Mut. Auto. Ins. Co.
    • United States
    • Florida District Court of Appeals
    • April 3, 1979
    ...Cross Association, 293 So.2d 90 (Fla. 1st DCA 1974); Allstate Ins. Co. v. Chastain, 251 So.2d 354 (Fla. 3d DCA 1971), cert. disch. 263 So.2d 578 (Fla.1972); First National Ins. Co. of America v. Devine, 211 So.2d 587 (Fla. 2d DCA 1968). 7 There is no basis for ascribing such a sweeping effe......
  • Fidelity & Casualty Company of New York v. Cruz
    • United States
    • Florida District Court of Appeals
    • May 20, 1980
    ...286 So.2d 264 (Fla. 4th DCA 1973); Allstate Insurance Company v. Chastain, 251 So.2d 354 (Fla. 3d DCA 1971), cert. discharged, 263 So.2d 578 (Fla.1972). Accordingly, the orders appealed are hereby Affirmed. ...
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